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Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 19, 2021
TOPIC: Engineering and Traffic Survey for Speed Limits Updates
AGENDA TITLE
Approve an Agreement with AGA Engineering, Inc. for up to a Three-year Term in an
Aggregate Amount Not to Exceed $70,000 to Provide an Engineering and Traffic Survey
for Speed Limits Update (Project #22-6992) (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with AGA Engineering, Inc. (AGA)
to provide an Engineering and Traffic Survey for Speed Limits Update for a two-year term
expiring October 18, 2023, with a provision for a one-year extension exercisable by the
City Manager and the City Attorney, in a total amount not to exceed $70,000 which
includes a contingency of $14,980, subject to non -substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
The California Vehicle Code requires that a citywide engineering and speed survey of all
posted streets be conducted every five years for the Vehicle Code requirement to be
enforceable. Considering that the last engineering and speed survey was conducted in
2016, it is time for an update to the engineering and traffic survey.
A Request for Proposals (RFP) for an engineering and traffic survey was released and
posted on Monday, June 28, 2021, and the City received four proposals. The proposals
were evaluated by a three -member committee. The proposals were rated on the basis of:
qualifications, experience with similar projects, work plans, and overall approach.
The work involves the study of 200 zones and preparation of an estimated 90 sketches
for sign replacement or relocation. In addition, follow-up speed studies may be required
on corridors after street improvements are completed, which may result in reduced speed
limits at additional locations. The proposers were requested to submit a fee schedule
reflecting performance of the basic study as well as a separate fee to perform the
additional follow-up work.
After evaluating the proposals, corresponding sealed fees submitted by the top three firms
were opened. The evaluation scores and fees for each proposal are as follows:
Engineering and Traffic Survey for Speed Limits Update
October 19, 2021
Page 2
Rank
Firm
Average
Score
Total Scenario Cost
1
AGA
97.0
$55,020
2
Kimle Horn
96.0
$89,945
3
KOA
93.7
$186,862
Based on rating and cost, staff recommends that AGA be retained for an amount not to
exceed $70,000 ($55,020 base plus $14,980 contingency) for the engineering and traffic
survey for speed limits update. The consultant will be paid only for the services performed
as requested by staff and in accordance with the rates submitted in their proposal. The
agreement includes an optional one-year extension for a potential total agreement term
of three years.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Total compensation is not to exceed $70,000 for the term of the agreement, inclusive of
the extension option. The entire agreement amount has been budgeted in the approved
Fiscal Year 2021-22 Capital Improvement Program (Project #22-6692). Any unspent
budgeted funds will be carried forward as needed to complete the project, and if the option
to extend the agreement is exercised.
Fiscal
Accounting Unit-
Fund
Accounting Unit -
Amount
Year
Account No.
Description
Account Description
2021-22
Measure M-
Measure M2 Local
Oct - June
03217662-66220
Street
Fairshare — Improvements
$70,000
Construction
Other than Building
Total
$70,000
EXHIBIT(S)
1. Request for Proposal #21-002
2. Agreement with AGA
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
REQUEST FOR PROPOSALS (RFP)
FOR
ENGINEERING & TRAFFIC SURVEY
FOR SPEED LIMITS UPDATE
REP NO.: 21-002
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
ZDENEK G6ZED" KEKUL,A
Project Manager
(714) 647-5653 Office
zkekula a.-santa-ana.or�
Approved for Release:
Edwin "Wiliam" Galvez
/ City Engineer
Public Works Agency
KEY RFP DATES (Subject to change at discretion of City):
Issue Date: June 28, 2021
Deadline for Requests for Information: July 12, 2021
Proposal Due Date: July 19, 2021
Projected Award Date: Sept 7, 2021
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for
ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE.
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids
system no later than July 19, 2021 at 5:00 p.m. Proposals received after this date/time will not be
considered. It is the responsibility of the proposer to ensure that any proposals submitted have
sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.
Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed,
or hand delivered in an enclosed sealed envelope and marked clearly with the following
"SEALED PROPOSAL FOR
ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMIT UPDATE
RFP NO.21-002
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: ZDENEK "ZED" KEKULA
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids and
Section I - Introduction/Program Description in this RFP.
All notifications, requests for information, updates and addenda will be posted online on
PlanetBids at https: '/wwk, .planetbids.cum; portal /portal.ctin"CompanvID=20137. Proposers shall
be responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive qualification.
City of Santa Ana RFP 21-002
Page 2
TABLE OF CONTENTS
I. INTRODUCTION / PROGRAM DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
B. FIRM RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE -PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES & SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
6
m
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 11
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
V11. PUBLIC RECORDS 11
V11L APPENDIX
ATTACHMENT 1: SCOPE OF SERVICES
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATION
ATTACHMENT 4: SAMPLE DOCUMENTS
City of Santa Ana RFP 21-002
Page 3
I. INTRODUCTION / PROGRAM DESCRIPTION
Nature of Work:
The City of Santa Ana is seeking a professional consulting firm to conduct a five-year update of
the current Engineering and Traffic Survey for speed limits. A detailed Scope of Work is included
in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
Three (3) hard copies are required to accompany an electronic submittal of the complete
proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL"
and be signed by a company official with the power to bind the company, and submitted to
the City of Santa Ana. Please be explicit in identifying the appropriate person with legal
authority to bind the company.
The Statement of Qualifications, detailed in this RFP under Section III, shall be limited to
a maximum of (10) double -sided pages (excluding front and back covers, section dividers
and attachments such as resumes, forms). Font size shall be minimum 11-point Arial.
Proposal exhibits and/or attachments shall be maximum size of 11 inches x 17 inches.
Proposal Evaluation and Rating
The criteria for evaluating the SOQ submitted will take the following items into
consideration:
o Overall understanding 20%
o Qualifications and experience 20%
o Supervisory personnel's qualifications, experience, time commitment 20%
o Overall quality of the proposal 20%
o References 20%
The City has established a proposal review committee to evaluate proposers based on the
response to this RFP, which includes adherence to outlined directions and format, and the
City evaluation criteria set forth above. A final score will be calculated for each submitted
proposal and used to rank the proposers.
City of Santa Ana RFP 21-002
Page 4
Term of the Contract:
The City desires to enter into a contract with the top scoring firm for an initial two (2) year -
term with a City option to extend the contract one additional one—year term. This term will
be specified outlined in the Agreement. A copy of the Standard Consultant Agreement is
provided in the Appendix, Attachment 2, of this RFP.
City of Santa Ana RFP 21-002
Page 5
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required
information in this RFP. The City will provide only the staff assistance and documentation
specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its
proposal. The selected proposer shall identify a sole point of contact with the greatest
knowledge concerning the required service operations and contractual matters, including
payment and financial arrangement for all charges related to the contract.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent
audited financial statement, evidencing proposer's financial capacity to fully perform the
required services, including provision of equipment and personnel expenses over a ninety
(90) day period. If said financial statement does not reflect full ninety (90) day operational
capacity, proposer may include a letter of credit as evidence of supplemental capacity.
Additional financial capacity information, if any, is identified in the Scope of Services —
Attachment 1.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section
located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for
opening of proposals. No verbal requests or responses will be accepted. Significant
interpretations or clarifications will be addressed via addenda to this RFP.
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on PlanetBids
at https://-vN,�v-vv.plaiietbids.conl%portal%portal cfiii?CompanvlD="01'7 as set forth in the
Notice Inviting Proposals. Addenda shall become part of the agreement documents.
E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license
within ten (10) business days of selection and must provide a copy to the City's project
manager or designee prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses/permits required by
the Scope of Services.
City of Santa Ana RFP 21-002 _
Page 6
F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set
forth in the Scope of Services - Attachment 1 within ten (10) business days after receipt of
notice that the contract has been awarded. Failure to provide the required insurance
certificates shall be cause for the annulment of the award and the forfeiture of the proposal
guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist",
which outlines insurance requirements.
G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10)
business days after the successful proposer has received notice that the contract has been
awarded.
H. PRE -PROPOSAL MEETING
Should a pre -proposal meeting be scheduled, the date, time, and location is identified on
the cover page of this RFP. The meeting will include discussion of the scope of services
and a question -and -answer session. It is highly recommended that the Proposer's key team
members attend this meeting. Significant interpretations or clarifications will be addressed
via addenda to this RFP, as described above in "Section D: Addenda."
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or
technical defect in the proposal.
The City reserves the right to reject, replace, and approve any and all subcontractors. All
subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the
responsibility of the successful proposer and the City shall assume no liability of such
subcontractors.
J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or
non- responsibility may submit, in writing within five (5) business days, to the Project
Manager, any concerns regarding the RFP process or staff determination. Such writing
shall be considered by the City Manager or her designated representative, and may be acted
upon within five (5) business days. If no action is taken within such time, there shall be no
change to the staff determination. The exercise by the Proposer of its right to submit written
City of Santa Ana RFP 21-002
Page 7
concerns shall be a condition precedent to seeking judicial review of any award of a
contract hereunder.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
1. The number of Proposal Copies and signature is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
2. Deadline:
Proposals are due to the City of Santa Ana at the date, time, and location specified in
the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity.
b. Contract Agreement Statement: Proposal shall include a statement outlining
your concurrence or concerns with any and all provisions contained in the
Agreement attached herein as Attachment 2 in the Appendix.
c. Firm and Team Experience: Proposal shall include a profile of the firm's
experience. Include resumes of project team/sub-consultants that will be
providing services which outline their technical and design experience. At a
minimum, this should include the project manager/principal agent, associates
in charge when project manager/principal agent is unavailable, key personnel,
firm size, and an organization chart identifying only those who will perform
work for the proposed project and the percentage of each individual's time
devoted to this project. The project manager/principal agent shall be the primary
City of Santa Ana RFP 21-002
Page 8
contact person to represent your firm and will be the person to conduct the
presentation, if invited for an interview.
d. Understanding of Need: Proposal shall include an outline which demonstrates
the firm's understanding of the work. This outline should include anticipated
approach, tasks necessary for successful completion, deliverables, and
suggestions or special concerns that the City should be made aware of. Identify
any assumptions and/or exclusions used in preparation of the scope of Services
and associated fee estimate.
e. Relevant Project Experience: Proposal shall include a list of relevant projects,
which your firm or personnel have completed within the last 5 years, including
significant work with public agencies. Project information should include
project description, project location, year completed, and client name and
contact information. City of Santa Ana staff may conduct site visits at select
projects.
f. References: Proposals shall include a listing of relevant projects with references
for three public entities for which Proposer has performed similar work within
the past five (5) years.
2. SCOPE OF SERVICES AND SCHEDULE:
Proposal shall include a Scope of Services and Schedule which details the work
to be performed, the tasks to be accomplished, the deliverables to be provided,
and the schedule / timeline to complete the work, based upon the requested
Scope of Services detailed in Attachment 1 of this RFP.
3. FEE PROPOSAL:
The fee proposal shall be submitted separate and concurrently with the technical
proposal, both submitted electronically in PlanetBids and as a hard copy in a
separately sealed envelope, clearly labeled as "Fee Proposal." This shall include
the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team
hourly effort for each of the major tasks, and a Project Fee Schedule as outlined
in the Scope of Services.
The fee proposal will not be opened until the proposals have been evaluated by
the proposal selection committee. The City will select the consultant based on
qualifications, and then negotiate a contract price based on available funding.
City o Santa Ana RFP 21-002
Page 9
4. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal
submittal package:
Attachment 4-1: Non -Collusion Affidavit
Attachment 4-2: Non -Lobbying Certification
Attachment 4-3: Non -Discrimination Certification
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple
departments. The committee may interview the top ranking proposers. The City will
recommend award of contracts to the proposers who will provide the best value to the City.
The City reserves the right to begin negotiations and enter into a contract without interview
or further discussions.
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee and acceptance from
Funding agency following financial audit, the Project Manager will recommend awarding
a contract to the top-ranking proposer that will provide the best value to the City.
B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of
any negotiation of final terms, which will lead to a completed agreement ready for
execution based on the Standard Agreement attached herein as Attachment 3 in the
Appendix.
City of Santa Ana RFP 21-002
Page 10
VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contracts. Consultants and their team will
meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and
implementation processes.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all
required bonds, insurance documents, and contents of the Information Packet for review
and approval by the City.
For "On -Call" contracts, individual City Project Managers will request project/task
specific proposals from Consultants on an as -needed basis. Proposals will then be
evaluated by City staff and written NTPs will be issued accordingly per each task order.
VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response
preparation of this RFP will become property of the City. All responses to this RFP shall
become property of the City. Proposer information identified as proprietary information be
maintained confidential, to the extent allowed under the California Public Records Act.
Proposals will become public record after award of contract. Proposer information
identified as proprietary information shall be maintained confidential, to the extent allowed
under the California Public Records Act.
City of Santa Ana RFP 21-002
Page 11
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ENGINEERING & TRAFFIC SURVEY FOR SPEED LIMITS UPDATE
RFP NO.: 21-002
INTRODUCTION
The City of Santa Ana (City) has a large network of arterial, secondary and collector streets with posted speed limits.
State law mandates that posted speed limits must be established on the basis of an Engineering and Traffic Survey every
five, seven, or ten years. The last Engineering and Traffic Survey in Santa Ana was conducted in 2016 but extended until
2023. The City now needs a new study to update the posted speed limits.
Due to COVID traffic impacts the City expects to start the speed survey study in Fall of 2021. However, the study maybe
delayed until Spring 2022 or even Fall 2022.
DESCRIPTION
The City is issuing this Request for Proposals (RFP) for the Engineering and Traffic Survey For Speed Limits Update.
The consultant shall do the Engineering and Traffic Survey work in accordance with the State of California, Department
of Transportation, California Manual on Uniform Traffic Control Devices, Part 2B.13 (Speed Limit Sign) and the State of
California Vehicle Code 627 and 40802, and sections 22348 through 22413. Recent changes to the law will be applied, as
required, to this project at the City's discretion.
Each person conducting the vehicle speed (radar) surveys shall be certified by an authorized entity or instructor acceptable
to the City. Additionally, each radar gun used for speed surveys shall be certified that it meets and/or exceeds all of the
manufacturer's specifications by an authorized entity, distributor, or repair facility acceptable to the City. Proof of
certification must be included in the proposal.
Consultant shall consider the results of the Safe Mobility Santa Ana (SMSA) study, as needed, for appropriate posting of
speeds. The SMSA study is a citywide collision safety study that will identified high collision corridors and intersections.
PROJECT TASKS
The Consultant shall provide all necessary services to perform the following tasks:
Conduct vehicle speed (radar) surveys for 200 street segments within the City of Santa Ana. The
number of segments shall be confirmed according to the City's Master Plan of Streets and Highways
and the latest California Road System (CRS) Map. Surveys shall not be conducted on weekends or
during peak traffic hours. Provide the radar speed survey field sheets (with raw data) and radar speed
survey analysis sheets for each surveyed street segment (samples for both attached). Please Note: If
speed survey data seems either unusually high or low, the City may require such locations to be
resurveyed at no additional cost to the City.
2. Conduct field reviews of each of the 200 street segments. The field reviews for traffic factors shall be
conducted while school is in session. Provide a field review summary sheet for traffic factors, roadway
factors, and adjacent land uses, etc. (sample attached).
3. Determine the appropriate speed limit for each segment following the State of California's and the
California Vehicle Code's latest requirements. When determining the speed limits, the consultant must
also review the latest methodologies and include information summarizing how these new requirements
have changed since the prior study. If any reduction from the 85% percentile speed is recommended,
these shall be fully documented and follow the procedures required by the State of California in setting
speed limits.
4. Prepare a Summary of Recommendations in chart form to include the street name, street segment,
existing speed limit, recommended speed limit, 851 percentile speed, mean speed, 10 mph pace range,
percent of vehicles in pace, date of survey, and reason for speed limit change from the 85th percentile
(sample attached). The Summary of Recommendations shall include all street segments studied, unless
otherwise specified by City staff.
5. Prepare a report which includes the following: a) A certification suitable for submittal to the municipal
court system, b) Radar speed survey operational procedures, c) A description of the purpose and
methodology of speed zone establishment, d) A description of the statistical analysis factors, e) A
description of the field data used in analyzing the related roadway characteristics, f) Accident history for
the street segments, g) Results and recommendations, and h) The Summary of Recommendations in
chart form.
6. Consultant shall prepares sketches for sign changes. This task is based on an estimated number of 90
sign -posting locations that may require changes. Once all recommendations are confirmed by the
City, this task may or may not be required by the City. In the fee proposal, please list the unit price to
identify each sign location at a specific distance from the nearest curb extension. These changes will
indicate if the sign is new, a replacement, and/or removal and if a new sign (only) or a new sign and
post will be required. City staff would then use such sketches to write-up each work order for sign
change. Sketches shall be done in a manner acceptable to the City and using the City's formats.
Sketches shall be done by attaching electronic aerials photos into Microstation files and showing the
sign post changes from the nearest curb return extension.
Task No. 6 needs to be listed in Fee Proposal as a Separate Item with a price per unit cost listed for 90
locations. The City reserves the right to issue or not issue this Task or a portion of it.
As part of the report preparation the selected consultant will do up to 5 presentations or public meetings to report out
the study findings and recommendations. All procedures and speed limit recommendations shall be per the latest
requirements in California Manual on Uniform Traffic Control Devices plus the latest law in the most current version
of the California Vehicle Code.
SUMMARY OF PRODUCTS
The required products, which are to be delivered to the Traffic Engineering section of the City of Santa Ana Public Works
Agency, shall be as follows:
1. The radar speed survey sheets with raw data for each street segment (200 zones), see sample.
2. The field review summary sheets (see sample) and other data collection information for each street
segment.
3. The radar speed survey analysis sheets, for each street segment, see sample.
4. The draft report.
9 Including a color map of the recommended. speed limits.
• Including a list of recommended speed limit increases and decreases (see samples).
5. The final report.
• Including a color map of the recommended speed limits.
• Including a list of recommended speed limit increases and decreases (see samples).
6. All written reports, information, data, charts, tables, and maps in electronic format.
Prior to commencement of work, the consultant shall submit samples of the radar speed survey field sheet, the
radar speed survey analysis sheet, the field review summary sheet and the Summary of Recommendations chart
for preapproval.
SCHEDULE
This project is a priority project for the City of Santa Ana Public Works Agency. The anticipated schedule is shown
below. The final report and sketches should be completed within 240 calendar days of notice to proceed issuance.
Schedule below would be after notice to proceed given.
PROPOSED SCHEDULE IN MONTH
TASK
1
2
3
4
5
6
7
8
Consultant
Selection/ NTP (City)
1. Field Review & Data
Collection
2. Radar Speed Surveys
3. & 4. Analysis,�,�
5A. Draft Report
City's Review (City)
5B. Final Report
Cit 's Ordinance (City)
6. Sketches for Sign
Changes
Appendix
ATTACHMENT 2
STANDARD AGREEMENT
AGREEMENT TO PROVIDE _TITLE OF SERVICE
FOR - NAME OF CITY PROJECT
THIS AGREEMENT is made and entered into on this 00th day of Month , 2021, by and
between Name of the Firm , ("Consultant"), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On Month, Day, Year, the City issued Request for Proposal No. XX-XXX, by which it
sought a Consultant/Title of Service Category to provide design/description services for
the Name of City Project.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant
represents that it is able and willing to provide the services described in the scope of work
that was included in RFP XX-XXX.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the services described in the scope of work that was included in
RFP No. XX-XXX, which is attached as Exhibit A, and as more specifically delineated in
Consultant's proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit C. The total amount to be expended
under this Agreement shall not exceed $000,000 during the term of this Agreement,
including any extension periods. The sum is comprised of (1) the base amount of
$000,000 and (2) a contingency in the amount of $00,000 for additional services at the
City' s sole discretion.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on 0011
Month 2021 unless terminated earlier in accordance with Section 16, below. The term of this
Agreement may be extended for Two X-year periods upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OFMATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its
use of the Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this Agreement,
Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference into
the Agreement.
v. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, and its
officers and employees from liability: (1) for personal injury, damages, just compensation,
restitution, judicial or equitable relief arising out of claims for personal injury, including death,
and claims for property damage, which may arise from the negligent operations of the Consultant,
its subcontractors, agents, employees, or other persons acting on its behalf which relates to the
services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of any breach
of the terms of this Agreement. This indemnity and hold hannless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the negligent acts referred to in this Section or by reason of the breach
of the terms of this Agreement. The Consultant further agrees to indemnify, hold harmless, and
pay all costs for the defense of the City, including fees and costs for special counsel to be selected
by the City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil
Code Section 2782.8, the above indemnity and defense obligation shall be limited to the extent
provided by Civil Code Section 2782.8, and to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained- in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs _incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant, disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined_ and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the teen of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702 Fax: 714-647-5635
To Consultant:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
(name)
(title)
RECOMMENDED FOR APPROVAL:
Executive Director_ __
Public Works Agency
Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
- - NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS
are cautioned that malting a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 21 , by
_, proved to me on the basis of satisfactory evidence to be the persons) who appeared
before me.
Notary Public Signature
Notary Public Seal
City of Santa Ana RFP 21-002
Page A4-1
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
._..._...._._.._-.__.____._.�.._._�.... ��.....�____.�.._._._,......._._�_�.__.,City of Santa Ana RFP 21-002 _..._..._.....__._._.._.__.._.._._._...�,.�..__..._�_..__._......�...---.____._..._._. _..
Page A4-2
Appendix
ATTACHMENT 3-3 o NON-DISCRIMINATION CERTIIFICATION
CERTIFICATIONS
The -undersigned -consultant or corporate -officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workerswith which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order
of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
___._.......__._.__.�___.._..,._..._�.._._...._____.Wk...�...._.�..__�...._-City�of Santa Ana RFP 21-002-'W____.____..__..._.-..._._.._..._..�._.._.__.._��___._�._,_.__:�
Page A4-3
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex
of such persons, except as provided in Section 1420, and any consultant of public works violating this
Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 21-002
Page A4-4
APPENDIX.
ATTACHMENT 4: 'SAMPLE FORMS
_,..___._,_..__....__..._._.._..__.._.__..._ .......... W,,._ .... W..__._... ._ . ...._._.__.... ..___ _ .._......
City 21-002
of Santa Ana RFP ... .._.,..__...�-._-.. .
Page 25
City of Santa Ana
Public Works Agency - Traffic 'Engineering
Street game: ALI.QN AVENUE
....., Limits: SUSAN STREET to GFtEENVILLE STREET
Radar Survey Sleet
X=West /=East
5 10 15 20 9A in r
F
4
41
.4
3C
25
16
10
85th Percentile Speed:
50th Percentile Speed:
15th Percentile Speed:
10 MPH Dace:
Number in pace:
Percent in Pace:
48
45
41
40- 49
171
84�2%
Date of Survey;
1/11/2011
Weather:.
Clear
Road Condition:
Poor
Street Class.:
Minor Arterial
Conditions not
Apparent:
An .. _.
Start Time.
14:00
End Time:
15:00
Posted Speed:
45
Observer:
KE'VIN
City of Santa Ana
Engineering and Traffic Survey
�F Summary
Street: ALTON AVENUE
..}" Limits: SUSAN STREET
CaREENVILLE STREET
Field Obaerver KEVIN
Checked By: MARK MILLER
Date: 1111(2011
Factors
Direction: EastNVest
A. Prevallina Seed Data
Location of Survey
2600 block
85th Percentile
48
10 mph Pace
40 - 49
Percent in Pace
84.2%
Posted Speed Limit
45
B. Collision History
Date Range Covered
111112007 To 101311201a ( 3 yrs )
Total Collisions
0
Collision Rate (ACc1MVM)
0
Expected Collision Rate
1.65
C. Traffic Factors
Average Daily Traffic
4327
Length of Segment
2392
Lane Configuration
Single Lane E.B, 2 Lanes VVB
Street Classifaction
Minor Arterial
_ a.
D.Cond_itions Not Readily Apparent
Conditions
Roadway Geometries
Comments Narrow street. Trucks exiting Industrial warehouses on south side. Bike route.
E. Adjacent Land Use
Business/Residential
Posted ,peed Limit
45
Speed Limit Change?
No
Revised Speed Limit
Approved and Authorized for release by 'Traffic Engineering:
Date Loc. # 1
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AGREEMENT WITH AGA ENGINEERS, INC. TO PROVIDE
ENGINEERING & TRAFFIC SURVEY SERVICES
THIS AGREEMENT is made and entered into this 19th day of October, 2021 by
and between AGA Engineers, Inc., a California corporation ("Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City"). Consultant and City are also
collectively referred to herein as "Parties" or singularly as a "Party."
RFCTTAT,C
A. On June 28, 2021, the City issued Request for Proposal No. 21-002, by which it
sought a qualified consultant to conduct a five-year update of the current
engineering and traffic survey for speed limits. The RFP shall be fully incorporated
by reference as though attached hereto.
B. Consultant provided a timely proposal that was selected by City staff. Consultant
represents that it is able and willing to provide such services to the City. The
Consultant's proposal dated July 19, 2021 shall be fully incorporated by reference
as though fully attached hereto.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
for City, the rates and charges identified in Exhibit B. The total amount authorized
during the term of this Agreement shall not exceed seventy thousand dollars and
zero cents ($70,000). The base agreement cost is $55,020 with a $14,980
contingency to be used at the City's sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
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Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on October
18, 2023, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for up to a one-year period upon a writing executed by the City
Manager and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractors prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
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Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
A. Consultant shall procure and maintain for the duration of the agreement insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the Consultant, its
agents, representative or employees. Coverage shall be at least as broad as:
1) Commercial General Liability ("CGL") Insurance- Insurance Services Officer
Form CG 00 01 covering CGL on an "occurrence" basis, including products and
completed operations, property damage, bodily injury, personal and advertising
injury with limits no less than $1,000,000 per occurrence. If a general aggregate
limit applies, either general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability Insurance- Insurance Services Office Form Number CA
0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for
bodily injury and property damage.
3) Workers' Compensation Insurance- as required by the State of California, with
statutory limits and employer's liability insurance with limits of no less than
$1,000,000 per accident for bodily injury and disease.
4) Professional Liability Insurance (Errors and Omissions)- Consultant will maintain
professional liability insurance appropriate to their profession with limits no less
than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
B. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or
the higher limits maintained by Consultant. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage, shall be available
to the City.
C. The insurance policies required by this Agreement are to contain, or be endorsed to
contain, the following provisions:
1) Additional Insured Status- The City, its officers, officials, employees and
volunteers shall be covered as additional insureds on the CGL policy with
respect to liability arising out of the work or operations performed by or on
behalf of Consultant including materials, parts or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant's insurance (at least
as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20
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33, or CG 20 38 and CG 20 37 forms if later revisions used.)
2) Primary Coverage- for an claims related to this Agreement, the Consultant's
insurance coverage shall be primary insurance and primary coverage at least
as broad as ISO CG 20 0104 13 with respect to the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute to it.
3) Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be cancelled except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right
to subrogation, which any insurer of said Consultant may acquire against the
City by virtue of the payment of any loss under such insurance. Consultant
agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation but this provision applies regardless of whether or not the City
has received a waiver of subrogation endorsement from the insurer.
5) Self -Insured Retentions- Self -insured retentions must be declared and
approved by the City. The City may require the Consultant to purchase
coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claims administration and defense expenses within the
retention. The policy language shall provide or be endorsed to provide, that
the self -insured retention may be satisfied by either the names inured or the
City.
6) Acceptability of Insurers- Insurance is to be placed with insurers authorized to
conduct business in the State of California with a current A.M. Best's rating
of no less than ANII, unless otherwise acceptable to the City.
7) Claims Made Policies- If any of the required policies provide coverage on a
claims -made basis:
i. The Retroactive Date must be shown and must be before the date of
the agreement of the beginning of the agreement work;
ii. Insurance must be maintained and evidence of insurance provided for
at least five (5) years after completion of work under this agreement;
iii. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the
agreement effective date, the Consultant must purchase "extended
reporting" coverage for a minimum of five (5) years after completion
of agreement work.
8) Verification of Coverage- Consultant shall furnish to City with original
certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effective coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL
policy listing all policy endorsements to Entity before work begins. However,
failure to obtain the required documents prior to work beginning shall not
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waive the Consultant's obligation to provide them. The City reserves the right
to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
9) Subcontractors- Consultant shall require and verify that all subcontractors
maintain insurance meeting all of the requirements stated herein. Contractor
shall ensure that City is an additional insured on insurance required from
subcontractors.
10) Special Risks or Circumstances- City reserves the right to modify these
requirements, including limits, based upon the nature of the risk, prior
experience, insurer, coverage or other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
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10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
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To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
mus-1101IN0.0
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: AGA Engineers, Inc.
211 Imperial Highway
Suite 28
Fullerton, CA 92835
Fax: (714) 992-2883
Attn: Roland P. Hizon
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
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15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services, which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work, which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
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19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: L.
Laura A. Rossini
Chief Assistant City Attorney
[Signatures continue on the next page]
Kristine Ridge
City Manager
AGA ENGINEERS, INC.
Chalap . Sadam
President
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RECOMMENDED FOR APPROVAL
Nabil Saba, PE
Executive Director
Public Works Agency
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Exhibit A
SECTION 2: SCOPE OF SERVICES AND SCHEDULE
Project Scope of Services
The AGA Team developed the following tasks to provide an orderly and efficient completion of
the work needed to conduct the speed zone study based on the RFP requirements and our
extensive experience in conducting E&TS for various agencies throughout the years.
Task 0 — Project Management and Coordination
Though not identified as a specific project task in the RFP, AGA developed this task to cover the
day-to-day administration of the professional engineering project. To this end, the Project
Management and Coordination task will be active throughout the extent of the project.
The AGA Team feels strongly that robust leadership is a key element of AGA's management
approach in order to fully leverage the expertise and experience of the Project Team. The
Project Manager will ensure the timeliness, cost-effectiveness and overall success of the
project. Establishing good working relationships with agency staff and reaching consensus on
all proposed project recommendations is extremely important. This can be accomplished with
an initial project kick-off meeting to lay the groundwork for the project and understand the
agency's perspective including project objectives, scope of work, project schedule and other
project related items. Thereafter, additional meetings will be scheduled, as needed.
Task 1 — Conduct Vehicle Speed (Radar) Surveys
The vehicle speed surveys will be conducted in accordance with the 2020 California Manual for
Setting Speed Limits published by the Division of Traffic Operations of the California
Department of Transportation.
A minimum of 100 bidirectional speed observations, with a minimum of 50 observations for each
direction of travel, will be obtained for the 200 designated City street segments, the list of which
will be provided by the City and in accordance with the City's Master Plan of Streets and
Highways and the latest California Road System (CRS) Map. This list will be provided by the
City at the Project Kick-off Meeting. For street segments containing a raised median, the survey
will include a minimum of 100 vehicles in each direction of travel. Obtaining a minimum 100
speed samples for each street segment will ensure that there will be a 95% probability that the
sample data represents the population data for this type of study and the actual behavior of the
majority of motorists.
The studies will only be conducted during "good weather" conditions on weekdays and when
school is in session during the off-peak hours of 9:00 AM to 4:00 PM, unless other specific time
limits are specified by the City.
Each speed zone will be surveyed for representative free flow speeds; that is, speeds not
influenced by temporary conditions or construction work. The survey will utilize a traffic radar
gun which is calibrated and certified periodically to achieve and maintain accuracy.
The vehicle speed surveys will be conducted
certified Traffic Radar Operator. Certification
operator are provided in Appendix B.
by our subconsultant, Thomas L. Hartman, a
copies of the radar equipment and the radar
Eng[..c ,Inc. Page 5
The field survey data will be marked on a radar speed survey field sheet similar to the City
supplied sample in the RFP with the following additional roadway segment information:
• Adjacent land use types
• Roadway geometrics
• On -Street Parking
• School Zone
• Bike Route
• Pedestrian and bicycle activity
• Lane configuration
• Median type
• No Parking/Stopping restrictions
• Truck Route
• Bike lane facilities
• General Comments
A sample of the radar speed survey field sheet is provided in Appendix C. The final format of
the field survey data sheet will be pre -approved by the City.
If the collected speed survey data are unusually high or low, AGA will conduct up to twelve (12)
radar speed resurveys at the same segment locations at no cost to the City.
AGA will also collect the posted speed limit information for adjacent jurisdictions (e.g., the Cities
of Costa Mesa, Irvine, Tustin, Orange, Garden Grove, and Fountain Valley), with roadway
segments abutting or under joint control with the City of Santa Ana.
Task 2 — Speed Data Analysis
AGA will enter the field survey data into a speed survey data worksheet to determine the
following speed data analytics:
• 85th Percentile speed
• 50th Percentile speed
• 15th Percentile speed
• Average Speed
• 10 mph pace speed
• Percent in pace speed
• Percent over pace speed
• Percent under pace speed
A sample of the radar speed survey data worksheet is provided in Appendix D. The final format
of the worksheet will be pre -approved by the City.
Task 3 — Roadway Segment Characteristics Review
A licensed Traffic Engineer will review all of the street segments to determine any roadway
conditions not readily apparent to the motorist which would justify lowering the proposed speed
limit to the maximum reduction permitted under the State established guidelines. These
characteristics include the following:
• Street width and alignment 0 Traffic flow characteristics
• Channelization and striping patterns • Frequency of driveways
• Reversed super elevation 0 Visibility obstructions
• Roadside land use 0 Roadway grade
• Heavy pedestrians and/or trucks 0 On -street parking
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The product of this review will be a summary of each of the study segments and identification of
the study segments which justify consideration for maximum increase/decrease in the
recommended speed limits.
Task 4 — Accident History Review and Rate Calculations
The AGA Team will evaluate the most current mid -block accident history (minimum two years)
on each of the street segments included in the survey. For accident history analysis purposes,
mid -block accidents are defined as those occurring outside of the 150' radius of signalized
intersections of the roadway segment being analyzed. This criterion excludes collisions that may
be traffic signal related in nature. We have extensive experience in City traffic operations and
are well qualified to review accident records.
The mid -block accident rate in terms of "accidents per 1,000,000 vehicle miles of travel" for each
segment surveyed will be calculated and shown on the Engineering and Traffic Survey summary
sheets. The following shows the accident rate calculation:
Accident Rate = Number of Midblock accidents x 106
Where:
24-hour volume x 365 x segment length x number of years
Number of mid -block accidents based on a minimum of two years
24-hour volume (both directions) for the survey segment
Segment length in miles
As stated in the Santa Ana Speed Survey Q&A Set 1, released July 14, 2021, the City will
provide both the accident data and the ADT count information.
A minimum two-year accident data is recommended to be utilized to develop Actual Accident
Rates for comparison to the Average Expected Accident Rates which is detailed in the 2017
Collision Data on California State Highways (Revised March 2020) published by the California
Department of Transportation. The Average Expected Accident Rates per roadway type are
summarized below:
Roadway Type Average Expected
Accident Rate
Conventional 2 lanes or less (< 45 mph)
1.20
Conventional 2 lanes or less (> 45 mph)
0.82
Divided 4 lanes (< 45 mph)
0.91
Divided 4 lanes (> 45 mph)
0.90
Divided 5 lanes or more (< 45 mph)
1.00
Divided 5 lanes or more(> 45 mph)
1.06
Example:
For a roadway segment with the following information:
2 lane roadway
• 35 mph posted speed
17 midblock accidents/collisions in 3 years
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• 20,079 average 24-hour volume
• 1.11 mile segment
The accident rate for this roadway segment is calculated as follows:
Accident Rate =
17 x 101
20,079 x 365 x 1.11 x 3
0.70 accidents per million vehicle miles (A/MVM)
The Average Expected Accident Rate for this roadway segment type is 1.20; thus, the calculated
accident rate of 0.70 is below the expected rate for this example.
The product of this task will be the summary table showing the following:
• Street segment
• Segment length (in miles)
• ADT information
• Number of accidents
• Average Expected Accident Rate
• Actual Accident Rate
A sample of the accident summary table is provided in Appendix E. The final format for the
accident summary table will be pre -approved by the City.
Task 5 — Segment Spot Speed Analysis
The speed survey data analyzed in Tasks 1 through 4 will be summarized in the Segment Spot
Speed Summary Table. The summary will include the information per the City provided sample
in the RFP. This table includes the recommended speed limit for the street segment based on
the 85th percentile speed and any justifications for setting the speed limit lower than the
recommended 851h percentile speed. At a minimum, this table will include the following:
• Street Name
• Street Segment
• Existing Speed Limit
• Recommended Speed Limit
• 851h Percentile Speed
• Mean Speed
• 10 MPH Pace Range
• Percent of Vehicles in Pace
• Date of Survey
• Reason for speed limit change from the
85th percentile speed
A sample of the Segment Spot Speed Summary Table is provided in Appendix F. The final
format will be will be pre -approved by the City.
Task 6 — Preparation of Draft Report
A report documenting the Engineering and Traffic Study will be submitted to the City for review.
It will summarize the existing speed limits and the recommended changes to the speed limits
(increase or decrease) in accordance with the requirements of Sections 627, 40802(b), 22357
and 22358 of the California Vehicle Code. AGA will also document any changes in the
guidelines based on the 2014 California Manual for Setting Speed Limits (basis for the 2016
Engfncc Inc. Page 8
0
E&TS) and the 2020 California Manual for Setting Speed Limits (basis for the 2021 E&TS), if
any. It will be submitted to the City for review.
As specified in the RFP, at a minimum, the report will include the following:
• Radar speed survey operational procedures
• Description of the purpose and methodology of Speed Zone establishment, including a
discussion of realistic speed zoning, speed traps, CVC requirements, etc.
• Description of the statistical analysis factors
• Description of the field data used in analyzing related roadway characteristics
• Accident history for the street segments
• Results and recommendations
• Summary of recommendations in narrative and table form per City format
• Revision drafts to the City of Santa Ana Municipal Code establishing the new speed
limits
• Color Speed Survey Map — sample provided in Appendix G.
The report will be a legal document to formally adopt or change speed limits at the surveyed
locations.
Task 7 — Preparation of Final Report
AGA will address and incorporate the City's consolidated comments on the draft report into the
final report which will be provided to the City in both hardcopy and electronic formats.
Task 8 — Presentations
AGA will make up to five presentations at public meetings to report on the E&TS study findings
and recommendations. Mr. Perales, Engineer of Record, will make the presentation(s) and
answer any questions that come up.
Task 9 — Sketches for Sign Changes (Optional)
If directed by the City, AGA will survey and document the status of existing speed limit
sign/posts at up to 90 locations that may require modifications. AGA's tasks will include:
• Identify each proposed new sign location at a specific distance from the nearest curb
extension,
• Indicate if the sign is new, a replacement, and/or removal,
• Indicate if a new sign only or new sign and post will be required, and
• Prepare sketches depicting the above information.
The sketches will be developed by AGA in a manner acceptable to the City and using City
formats as described in the RFP, i.e., the sketches will be developed by inserting electronic
aerial photos into the Microstation-compatible files and showing the sign posting changes from
the nearest curb return extension. AGA has performed this task on several previous speed
survey projects, including the ones completed for the City of Santa Ana.
Eng[..—, Inc. Page 9
Project Schedule
AGA's proposed project schedule, shown below, has been prepared considering all the
requirements for the study detailed in the RFP in estimating the time required to complete the
project. AGA has adequate staff resources to provide a Draft Report to the City of Santa Ana
within twelve to fourteen weeks from receipt of the notification to proceed, and a Final Report to
the City within two weeks of receipt of the written consolidated comments on the Draft Report.
Given the recently adopted changes in the California Vehicle Code relative to raising or lowering
speed limits, and the potential for questions relative to speed limit modifications resulting in the
need for multiple presentations at the Commission/Council level, our expedited Project
Schedule will allow adequate time for these presentations and ensure that the current extended
seven-year validity between speed surveys will not lapse.
AGA will coordinate with the City prior to data collection to ensure that no planned construction
work or other events will potentially impact the scheduled data collection.
Work Tasks
Months from Notice to Proceed
1 2 3 4 5 6 7 3
Task 0 — Project Management and Coordination
Task 1 — Vehicle Speed (Radar) Surveys
Task 2 — Speed Data Analysis —
Task 3 — Roadway Segment Characteristics
Review
Task 4 — Accident History Review and Rate
Calculations
Task 5 — Segment Spot Speed Analysis
Tasks 6 & 7— Preparation of Draft & Final Report
Task 8 — Presentations (Maximum 5)
Task 9 — Sketches for Sign Changes (Optional)
LEGEND * Kick -Off Meeting = Task Duration City Review Submittal * Public Meetings
Engfncc Inc. Page 10
FEE PROPOSAL
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Proposal for Engineering & Traffic Survey For Speed Limits Update - RFP No. 21-002
Fee Proposal
Our Fee Proposal is presented on the following pages. Per the RFP, this section includes the
company's Schedule of Hourly Rates and the Labor Hours and Cost summary for each of the
major tasks as detailed in Section 2: Scope of Services and Schedule.
All costs (including data collection costs) have been included. Costs are based on the
assumption that 200 roadway segments will be surveyed for speeds. If the number of survey
locations is modified, the project costs would likewise be modified at a rate of $275 per location.
As directed in the RFP, our Fee Proposal also includes a cost for the optional task of developing
sketches showing speed limit sign posting modifications at an estimated 90 locations citywide.
The unit cost for each sign posting location sketch is $245.
Engineers, Inc. Page 1
Schedule of Hourly Rates
Effective May 1, 2021
President/Executive Vice President
$
275
Vice President
$
250
Director of Project Development
$
225
Principal Transportation Engineer
$
225
Senior Transportation Engineer
$
205
Senior Project Engineer & Project Manager
$
200
Senior Design Engineer/Senior Project Development Manager
$
195
Senior Associate/Senior Project Engineer/Advanced System Integrator
$
185
Transportation Engineer
$
175
Senior System Integrator
$
170
Senior Signal Systems Specialist/Construction Inspector
$
165
Design Engineer/ Signal Systems Specialist
$
150
Associate Transportation Engineer III
$
140
Associate Transportation Engineer II
$
135
Associate Transportation Engineer ►
$
125
Project Coordinator
$
120
Associate Engineer II
$
115
CADD Operator/Associate Engineer I/Project Administrator
$
110
Assistant Engineer/Assistant Project Coordinator
$
100
Transportation Engineering Assistant
$
90
Traffic Enumerator, Engineering Aide III
$
80
Engineering Aide II
$
65
Engineering Aide ►
$
50
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge)
$
1,000
Expert Witness (Billing Rate + $50 Surcharge)
$
1,000
Expert Witness - Deposition/Court (Billing Rate + $100 Surcharge)
$
1,000
Subconsultants will be billed at cost plus 20%
Conditions of Usage: The above rates are typically effective for a 12-month period, but AGA maintains the right to
change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the
then current billing rates. This will not affect any agreed upon total or not -to -exceed fees.
INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. FINANCE CHARGES
MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10% ANNUAL PERCENTAGE RATE.
Engineers, Inc. Page 2
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